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(영문) 수원지방법원 2021.01.28 2020고단7617
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Bchip motor vehicles.

On 22:50 on 25, 2020, the Defendant driven the said car under the influence of alcohol level of 0.129% during blood transfusion, and led to the driving of the said car in front of the Sinwon-gu Sinpo-dong funeral distance at the time of Suwon-si, Sinwon-si, the Defendant driven the road in front of the Sinpo-si, Sinpo-si, Sinpo-si.

In such cases, a person engaged in driving duty has a duty of care to live well on the front side and the left side and to accurately operate the steering and brake system and to safely drive it.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of the Defendant’s negligence to neglect in the front of the driving direction of the Defendant, and the Defendant was under the influence of the victim D(W, 61 years old) who was standing in the front of the signal waiting direction, followed the EK 5-si driving, and the part behind the Defendant’s vehicle was under the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered, by negligence in the above business, injury to the victim D, such as brain-dead sugar, etc., in which approximately two weeks of treatment is required for approximately two weeks of treatment, and injury to the victim F, who was on board the said taxi, to the victim F, who was on board the said taxi ( South Korea, 30 years of age), due to approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to notify the results of traffic accident reporting, on-site photographs related to traffic accidents, the statement of the circumstances of drivers in charge, investigation reports (report on the circumstances of drivers in charge of driving), and drinking control;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents applicable to the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of driving alcohol) concerning the facts constituting an offense;

1. Selection of each sentence of a fine referred to in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (or Injury)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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